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Revised Laws of Saint Lucia (2021)

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PART 6
LISTED EQUIPMENT

26. Listed equipment

(1) Subject to subsection (4) the Minister may, by order published in the Gazette, declare any electronic, electro magnetic, acoustic, mechanical or other instrument, device or equipment, the design of which renders it primarily useful for purposes of the interception of communications, under the conditions or circumstances specified in the order.

(2) An order under subsection (1) may at any time in like manner be amended or withdrawn.

(3) The first order to be issued by the Minister under subsection (1) shall be published in the Gazette within 3 months after the date of commencement of this Act.

(4) Subject to subsection (6), before the Minister exercises the powers conferred upon him or her under subsection (1), he or she shall cause to be published in the Gazette a draft of the proposed order, together with a notice inviting all interested parties to submit to him or her in writing and within a specified period, comments and representations in connection with the proposed order.

(5) A period not exceeding one month shall elapse between the publication of the draft order and the publication of the order under subsection (1).

(6) Subsection (4) of this section shall not apply—
1. (a) if the Minister, under comments and representations received in terms of subsection (4) decides to publish an order referred to in subsection (1) in an amended form; or
1. (b) to any declaration in terms of subsection (1) in respect of which the Minister is of the opinion that the public interest requires that it be made without delay.

(7) An order under subsection (1) shall be subject to affirmative resolution of the House of Assembly and Senate.

26. Listed equipment

2. Interpretation

3. Prohibition of interception

4. Application for interception direction and unauthorised disclosure of application

5. Issuance of interception direction

6. Scope and form of interception direction

7. Duration and renewal of interception direction

8. Application, issuance, form and scope of entry warrant

9. Termination of interception direction or entry warrant

10. Urgent application, form, issuance and scope and termination of interception direction or entry warrant

11. Modification of interception direction and entry warrant

12. Reports on progress

13. Protection for acts done in good faith

14. Execution of interception direction or entry warrant

15. Entry on premises for execution of entry warrant

16. Duty to provide assistance

17. Confidentiality of intercepted communications

18. Exclusion of matters from legal proceedings

19. Exceptions to section 18

20. Offence for unauthorised disclosure of interception

21. Order requiring disclosure of protected information

22. Effects of disclosure order

24. Disclosure of communications data

25. Admissibility of communications data

27. Prohibition on manufacture and possession of listed equipment

29. Offence for contravention of section 27

30. Establishment of Tribunal

31. Exercise of the Tribunal's jurisdiction

32. Tribunal procedure

33. Tribunal rules

34. Amendment of Schedule

35. False statements

36. Regulations

37. Code of conduct

23. Tipping off